Handling Housing Disputes in New South Wales

If you're renting public or social housing in New South Wales, disputes about rent, repairs, or tenancy rights can be a concern. Fortunately, there are defined methods to resolve these issues under the state’s legal framework. Understanding your rights and the steps to take can help you effectively handle disputes.

Common Housing Disputes

Rent Increases

Under the Residential Tenancies Act 2010 (NSW), landlords must provide at least 60 days written notice before increasing rent in public and social housing. If you believe an increase is unfair, you can challenge it through the relevant channels.

Evictions

Evictions must follow legal procedures. If you receive a termination notice, verify it meets the requirements as per the Residential Tenancies Act 2010 (NSW). Tenants have opportunities to contest evictions if they're not conducted properly.

Maintenance and Repairs

As a tenant, you have the right to essential repairs being carried out in a timely manner. If requests for repairs are ignored, legal remedies are available.

Steps to Resolve Disputes

Communicate with Your Landlord

Before escalating a dispute, attempt to resolve the issue by communicating directly with your landlord or the managing housing provider. Written communication can provide documented evidence if further steps are needed.

Lodge a Formal Complaint

If direct communication fails, lodge a formal complaint with your landlord. Keep detailed records of all interactions regarding your issue. Use the Tenancy Complaint Form available on the NSW Fair Trading website.

Tenancy Complaints & Dispute Resolution

Contact NSW Fair Trading for mediation services if direct communication and lodge formal complaints do not resolve the issue. They provide a pathway to negotiate a settlement before progressing the matter to a tribunal.

Apply to the NSW Civil and Administrative Tribunal (NCAT)

If other avenues fail, you may apply to the NSW Civil and Administrative Tribunal (NCAT) for a legally binding resolution. The application form is available on their official website.

Understand and utilize the legal avenues available to you for resolving disputes legally and effectively.

1. Lodge an application with NCAT for adjudication if mediation doesn’t resolve the issue.
2. Prepare evidence to support your claim, such as written agreements, communications, and photographic evidence of any issues.
3. Attend the NCAT hearing and present your case clearly and factually.

Need Help? Resources for Renters

• Tenants' Union of NSW offers advice and resources for renters.
• NSW Fair Trading assists with complaint services.
• Council of Social Service of NSW (NCOSS) provides advocacy and support.

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1. What should I do if I'm facing eviction?

   Check if the eviction process complies with NSW laws. Contact local tenant advocacy services for advice and consider applying to the NCAT to dispute unreasonable evictions.

2. How can I dispute a rent increase?

   Review whether the proper notice was provided. Attempt negotiation with your landlord and, if necessary, apply to the NCAT using the appropriate forms.

3. What steps should I follow for unresolved repair requests?

   Document all requests for maintenance and, if ignored, escalate the matter to NSW Fair Trading for mediation or lodge a formal complaint.

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